Illinois 93rd Regular Session Status: Enacted 1 R cosponsors

SB 268 — CONSTRUCTION DEBRIS-EXCEPTION

Last action — Public Act . . . . . . . . . 93-0179

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 05, 2003. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Environmental Protection Act. Provides that the requirement that an entity that conducts any generation, transportation, or recycling of construction or demolition debris or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads must maintain documentation identifying the hauler, generator, place of origin, weight or volume, and location, owner, and operator of the location where the debris or soil was transferred, disposed, recycled, or treated does not apply to a county highway department.

Bill Text

What changed in the latest version

15 added · 15 removed

Plain-language change summary

The changes to Bill SB 268 involve replacing references to Section 22.1 with updates to Section 21. This adjustment indicates a shift in focus or a realignment of the bill's provisions. This matters because it can signal a change in policy direction or clarify how certain laws will be applied, potentially impacting the areas covered by the bill.

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SB268 Engrossed LRB093 02548 LRD 02558 b AN ACT in relation to environmental matters.
SB268 Enrolled LRB093 02548 LRD 02558 b AN ACT in relation to environmental matters.
The Environmental Protection Act is amended by changing Sections 3.160 and 22.1 as follows:
The Environmental Protection Act is amended by changing Sections 3.160 and 21 as follows:
Clean construction or demolition debris does not include SB268 Engrossed -2- LRB093 02548 LRD 02558 b uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads provided the uncontaminated soil is not commingled with any clean construction or demolition debris or other waste.
Clean construction or demolition debris does not include SB268 Enrolled -2- LRB093 02548 LRD 02558 b uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads provided the uncontaminated soil is not commingled with any clean construction or demolition debris or other waste.
SB268 Engrossed -3- LRB093 02548 LRD 02558 b (Source:
SB268 Enrolled -3- LRB093 02548 LRD 02558 b (Source:
or SB268 Engrossed -4- LRB093 02548 LRD 02558 b (3) which receives waste after August 31, 1988, does not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site;
or SB268 Enrolled -4- LRB093 02548 LRD 02558 b (3) which receives waste after August 31, 1988, does not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site;
SB268 Engrossed -5- LRB093 02548 LRD 02558 b (1) without a RCRA permit for the site issued by the Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder;
SB268 Enrolled -5- LRB093 02548 LRD 02558 b (1) without a RCRA permit for the site issued by the Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder;
(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation or hazardous waste-reuse operation in violation of any regulations, standards or permit SB268 Engrossed -6- LRB093 02548 LRD 02558 b requirements adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation or hazardous waste-reuse operation in violation of any regulations, standards or permit SB268 Enrolled -6- LRB093 02548 LRD 02558 b requirements adopted by the Board under this Act.
or (2) within 1000 feet SB268 Engrossed -7- LRB093 02548 LRD 02558 b of an existing private well or the existing source of a public water supply measured from the boundary of the actual active permitted site and excluding existing private wells on the property of the permit applicant.
or (2) within 1000 feet SB268 Enrolled -7- LRB093 02548 LRD 02558 b of an existing private well or the existing source of a public water supply measured from the boundary of the actual active permitted site and excluding existing private wells on the property of the permit applicant.
(9) deposition of refuse in any unpermitted portion SB268 Engrossed -8- LRB093 02548 LRD 02558 b of the landfill;
(9) deposition of refuse in any unpermitted portion SB268 Enrolled -8- LRB093 02548 LRD 02558 b of the landfill;
The prohibitions specified in this subsection (p) shall SB268 Engrossed -9- LRB093 02548 LRD 02558 b be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act.
The prohibitions specified in this subsection (p) shall SB268 Enrolled -9- LRB093 02548 LRD 02558 b be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act.
(B) the property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with SB268 Engrossed -10- LRB093 02548 LRD 02558 b or controlled by any such waste hauler or generator;
(B) the property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with SB268 Enrolled -10- LRB093 02548 LRD 02558 b or controlled by any such waste hauler or generator;
For the purposes of this subsection (q), "agronomic rates" means the application of not more than 20 tons per acre per year, except that the Agency may allow a higher rate for individual sites where the owner or operator has SB268 Engrossed -11- LRB093 02548 LRD 02558 b demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate.
For the purposes of this subsection (q), "agronomic rates" means the application of not more than 20 tons per acre per year, except that the Agency may allow a higher rate for individual sites where the owner or operator has SB268 Enrolled -11- LRB093 02548 LRD 02558 b demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate.
(1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will SB268 Engrossed -12- LRB093 02548 LRD 02558 b be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.
(1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will SB268 Enrolled -12- LRB093 02548 LRD 02558 b be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.
In addition, vegetable by-products may be SB268 Engrossed -13- LRB093 02548 LRD 02558 b transported in this State without a special waste hauling permit, and without the preparation and carrying of a manifest.
In addition, vegetable by-products may be SB268 Enrolled -13- LRB093 02548 LRD 02558 b transported in this State without a special waste hauling permit, and without the preparation and carrying of a manifest.
The terms "generation" and "recycling" as used in this subsection do not apply to clean construction or demolition debris when (i) used as fill material below grade outside of a setback zone if covered by sufficient SB268 Engrossed -14- LRB093 02548 LRD 02558 b uncontaminated soil to support vegetation within 30 days of the completion of filling or if covered by a road or structure, (ii) solely broken concrete without protruding metal bars is used for erosion control, or (iii) milled asphalt or crushed concrete is used as aggregate in construction of the shoulder of a roadway.
The terms "generation" and "recycling" as used in this subsection do not apply to clean construction or demolition debris when (i) used as fill material below grade outside of a setback zone if covered by sufficient SB268 Enrolled -14- LRB093 02548 LRD 02558 b uncontaminated soil to support vegetation within 30 days of the completion of filling or if covered by a road or structure, (ii) solely broken concrete without protruding metal bars is used for erosion control, or (iii) milled asphalt or crushed concrete is used as aggregate in construction of the shoulder of a roadway.
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Action History

  1. Public Act . . . . . . . . . 93-0179

  2. Effective Date July 11, 2003

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 114-000-000

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Environment and Energy Committee; 014-000-000

  11. Assigned to Environment and Energy Committee

  12. Referred to Rules Committee

  13. First Reading

  14. Chief House Sponsor Rep. Thomas Holbrook

  15. Arrived in House

  16. Third Reading - Passed; 058-000-000

  17. Placed on Calendar Order of 3rd Reading April 3, 2003

  18. Senate Floor Amendment No. 4 Adopted; Jacobs

  19. Senate Floor Amendment No. 3 Adopted; Jacobs

  20. Recalled to Second Reading

  21. Senate Floor Amendment No. 3 Be Adopted Environment & Energy; 011-000-000

  22. Senate Floor Amendment No. 4 Be Approved for Consideration Rules

  23. Senate Floor Amendment No. 4 Referred to Rules

  24. Senate Floor Amendment No. 4 Filed with Secretary by Sen. Denny Jacobs

  25. Fiscal Note Filed as Amended by Senate Amendments 1 & 2

  26. Senate Floor Amendment No. 3 Rules Refers to Environment & Energy

  27. Senate Floor Amendment No. 3 Referred to Rules

  28. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Denny Jacobs

  29. Placed on Calendar Order of 3rd Reading March 26, 2003

  30. Senate Floor Amendment No. 2 Adopted; Jacobs

  31. Recalled to Second Reading

  32. Senate Floor Amendment No. 2 Be Adopted Environment & Energy; 010-000-000

  33. Senate Floor Amendment No. 2 Rules Refers to Environment & Energy

  34. Placed on Calendar Order of 3rd Reading March 6, 2003

  35. Second Reading

  36. Senate Floor Amendment No. 2 Referred to Rules

  37. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Denny Jacobs

  38. Placed on Calendar Order of 2nd Reading February 26, 2003

  39. Do Pass as Amended Environment & Energy; 010-000-000

  40. Senate Committee Amendment No. 1 Adopted

  41. Senate Committee Amendment No. 1 Rules Refers to Environment & Energy

  42. Senate Committee Amendment No. 1 Referred to Rules

  43. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Denny Jacobs

  44. Assigned to Environment & Energy

  45. Referred to Rules

  46. First Reading

  47. Filed with Secretary by Sen. Denny Jacobs

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 114 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 102003
Democrat 9000
Republican 3000
Total 114003
% of votes cast 97%0%0%3%
How each member voted (117)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Slone — Yea
Sommer — Yea
Wait — Yea
Wirsing — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Capparelli — Yea
Colvin — Yea
Moffitt — Yea
Coulson — Yea
Mulligan — Yea
Nekritz — Yea
Jefferson — Yea
Pankau — Yea
Mitchell, Jerry — Yea
Krause — Yea
Kurtz — Yea
Sullivan — Yea
Lang — Yea
Madigan — Yea
Molaro — Yea
Morrow — Yea
Howard — Yea
Munson — Yea
Myers — Not Voting
Novak — Yea
O'Brien — Yea
Watson — Yea
Jones — Yea
Osmond — Yea
Osterman — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Burke — Not Voting
Tenhouse — Not Voting
Turner — Yea
Verschoore — Yea
Washington — Yea
Winters — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Yarbrough — Yea
Younge — Yea
Leitch — Yea
Lyons, Eileen — Yea
Lindner — Yea
Bailey — Yea
Lyons, Joseph — Yea
McAuliffe — Yea
Reitz — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Parke — Yea
Pihos — Yea
Scully — Yea
McGuire — Yea
Soto — Yea
Bradley, Richard — Yea
Brady — Yea
Hannig — Yea
Mitchell, Bill — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Forby — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Phelps — Yea
Poe — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 50001
Democrat 7000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Garrett — Yea
Haine — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Munoz — Yea
Luechtefeld — Yea
Meeks — Yea
Obama — Yea
Sullivan, D. — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Philip — Not Voting
Schoenberg — Yea
Shadid — Yea
Jacobs — Yea
Jones, J. — Yea
Jones, W. — Yea
Watson — Yea
Cullerton — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Woolard — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Geo-Karis — Yea
Hendon — Yea
Peterson — Yea
Radogno — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Roskam — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 268 do?
Amends the Environmental Protection Act. Provides that the requirement that an entity that conducts any generation, transportation, or recycling of construction or demolition debris or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads must maintain documentation identifying the hauler, generator, place of origin, weight or volume, and location, owner, and operator of the location where the debris or soil was transferred, disposed, recycled, or treated does not apply to a county highway department.
Who sponsors SB 268?
SB 268 is sponsored by Paul Jacobs (Republican).
What is the current status of SB 268?
This bill has been enacted into law. Introduced February 05, 2003. Enacted.
Where can I track SB 268?
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